The Arbitrariness in the FRG

1. International law with regard to independent courts

and thus to legal, independent and impartial judges

Here are three international treaties to which the FRG has acceded for comparison. All these treaties guarantee the right to:

legal judges

independent judges

impartial judges

International Covenant on Civil Rights

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

European Convention on Human Rights

Article 6 Right to a fair trial

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

UN Universal Declaration of Human Rights

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Continue to: Domestic laws of the FRG on independent courts

The arbitrariness in the FRG

Table of contents:

1. International law with regard to legal, independent and impartial courts

2. Domestic laws of the FRG on legal, independent and impartial courts

3. The reality in the FRG

3.1 Dependent judges in the FRG

3.1.1 Parliamentary election

3.1.2 Election of judges

3.1.2.1 Statements

3.1.2.2 Appointment of judges by an authority

3.1.2.3 Judges are subject to a political authority in disciplinary proceedings